Rhode Island New Construction: Accessible Unit Rules for Renters

For renters in Rhode Island, accessible housing isn't just a “nice to have”—it's protected by federal and state law. As new apartments and multifamily buildings are built, there are specific requirements to ensure people with disabilities can live, visit, and use essential spaces safely. If you want an accessible unit or face challenges with disability accommodations, understanding these rules is key to protecting your rights and making empowered rental decisions.

Accessible Unit Requirements in Rhode Island New Construction

New multifamily buildings in Rhode Island—such as apartment complexes with four or more units—must follow accessibility standards outlined by both federal and state law. These requirements apply when buildings receive their first occupancy permit after March 13, 1991, and cover both rental and owner-occupied dwellings.^[1]

Which Laws Set the Standards?

• Fair Housing Act (FHA): A federal law requiring accessible features in newly constructed multifamily housing.
• Rhode Island State Building Code: Incorporates federal accessibility standards and sometimes exceeds them.^[2]
• The Americans with Disabilities Act (ADA) also applies to certain public/common spaces of rental properties.

What Must Be Accessible?

• At least one "accessible route" into and throughout each unit on ground floors or served by an elevator
• Accessible public and common areas, like laundry rooms, mailrooms, and lobbies
• Usable doors (wide enough for wheelchairs)
• Reachable environmental controls (light switches, thermostats, outlets)
• Reinforced bathroom walls for grab bars
• Kitchens and bathrooms useable by someone in a wheelchair

While not every unit has to be fully wheelchair-accessible, all must be adaptable, and some must be mobility-accessible from the start.

Requesting Reasonable Modifications or Accommodations

A renter with a disability has a right to request modifications (physical changes to the unit) or accommodations (changes to policies) so they can enjoy their home equally. For instance, a tenant may request a ramp installation or reserved accessible parking. Landlords must respond promptly and fairly.^[3]

Some modifications may be at the renter's expense unless the property receives federal funding. Always ask the landlord in writing, and keep a copy of all requests and responses.

How to File a Disability Discrimination Complaint in Rhode Island

If you believe you were denied an accessible unit or reasonable modification, you can submit a complaint to the Rhode Island Commission for Human Rights (RICHR). This board investigates discrimination in housing, including accessibility and disability rights issues.

Relevant Official Forms

• Housing Discrimination Complaint Form (RICHR):
  • When to Use: File this if you are denied an accessible unit, modification, or accommodation due to your disability.
  • Example: A landlord refuses to allow you to install grab bars or denies you a ground-floor accessible apartment, even though one is available.
  • Rhode Island Housing Discrimination Complaint Form (PDF)
• Reasonable Accommodation/Modification Request Letter:
  • When to Use: Written letter from tenant to landlord requesting an accessibility change or policy adjustment.
  • Example: You write to ask for a wheelchair ramp, lower counter, or service animal accommodation.
  • There is no standard state form, but you may adapt templates from the U.S. Department of Housing and Urban Development (HUD) guidance.

Overview of the Complaint Process

Complaints submitted to the Rhode Island Commission for Human Rights are investigated. You may be asked for more information or to participate in mediation. The process is designed to ensure fair housing access for all tenants.

Key Protections for Renters with Disabilities

• No one can be denied housing, evicted, or discriminated against because of a disability.
• Landlords must allow reasonable modifications and accommodations unless it creates undo hardship.
• New buildings must meet federal and state accessibility standards.

Rhode Island’s laws and codes work alongside the federal Fair Housing Act to protect renters needing accessible housing.

Frequently Asked Questions

1. Do all new apartments in Rhode Island have to be wheelchair accessible?
   Not all, but all new multifamily buildings must include certain accessible ground-floor units, accessible routes, and adaptable interior features under state and federal law.
2. Who enforces accessible unit rules in Rhode Island?
   The Rhode Island Commission for Human Rights investigates accessibility complaints, and local building inspectors enforce code compliance during construction.
3. Is my landlord required to pay for accessibility modifications?
   Usually, renters pay for interior modifications unless the property receives federal funds or it's a public housing program. Public/common area accessibility is the landlord's responsibility.
4. How do I request a reasonable accommodation?
   Submit a written request to your landlord explaining your disability-related need. Keep a copy for your records and seek assistance if denied.
5. Where can I get the official complaint form?
   You can download the Housing Discrimination Complaint Form from the Rhode Island Commission for Human Rights website.

Summary Key Takeaways

• New rental buildings in Rhode Island must meet strict accessibility rules.
• Renters have the right to request modifications or accommodations for disabilities.
• The Rhode Island Commission for Human Rights is the main agency for filing accessibility complaints.

Need Help? Resources for Renters

• Rhode Island Commission for Human Rights – Investigates discrimination and accessibility complaints in housing.
• HUD Fair Housing Complaint Process – For federal disability and accessibility complaints.
• Rhode Island Building Code Office – Code information and accessibility standards.
• Legal Services Corporation – Find Legal Aid – Free or low-cost tenant legal help in Rhode Island.

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1. Fair Housing Act Accessibility Requirements (24 CFR 100.200-205)
2. Rhode Island State Building Code – Accessibility Standards
3. U.S. Department of Justice – FHA and ADA Reasonable Modifications and Accommodations

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